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The MANSAART company operates a software solution (hereinafter the "Platform") accessible via a mobile application that can be downloaded on IOS or Android (hereinafter the "Application") or via the website www.anka.africa (hereinafter the "Website"), through which it makes available to any person wishing to sell products and / or services (hereinafter the "Sellers" or "Users") various services to facilitate these sales operations.
MANSAART and Sellers are hereinafter referred to together or individually as a "Party.
The purpose of these terms & conditions (hereinafter the "Terms & Conditions") is to set the Terms & Conditions by which MANSAART provides its services to Sellers (hereinafter the "Services"), as well as to define the rights and obligations of the Parties in this regard.
They express the entire agreement between the Parties and supersede any prior agreement, letter, offer or other written or oral document having the same subject matter.
They are accessible and printable at any time by a direct link on the home page of the Platform.
They may be supplemented, if necessary, by special terms of use, which supplement these General Terms & Conditions and, in the event of contradiction, prevail over them.
The Platform and the Services are operated by MANSAART, a simplified joint stock company, registered in the Paris Trade and Companies Register under number 822 174 199, whose registered office is located at Les Tricolores, 47 boulevard de Courcelles - 75008 Paris (hereinafter the "Company").
The Company can be contacted at the following contact details:
E-mail address: [email protected]
Intra-Community VAT number: FR13822174199
The User declares, prior to any use of the Services, that he/she has read the present Terms & Conditions and expressly accepts them.
This acceptance, which is materialized by a checkbox in the registration form, can only be full and complete, without modification of any kind.
Any membership with reservations is considered null and void. Users who do not agree to be bound by these Terms & Conditions must not use the Services or access the Platform.
The Platform and the Services can be addressed by:
Any natural person with full legal capacity to enter into commitments under these Terms & Conditions and aged at least eighteen (18) years. Users who do not have full legal capacity must obtain the agreement of their legal representative before accessing the Platform and the Services, which they acknowledge and accept.
Any legal entity acting through a natural person with the authority to contract in the name and on behalf of the legal entity. The natural person at the origin of the registration of the legal entity guarantees the Company that it is duly empowered and authorized to act in its name and on its behalf. It assumes all responsibility in this respect.
5.1 Registration by the User
To access and use the Services, the User is required to open an account on the Platform under the conditions below (hereinafter the "Account").
In order to open an Account, the User must :
(i) download the Application or visit the Website,
(ii) fill in the registration form provided on the Platform, providing all the required information, including name, surname, telephone number and email address;
(iii) and check the box "I have read and accept the generalTerms & Conditions of sale",
The User must provide all the information marked as mandatory, which he/she acknowledges and accepts. The User acknowledges and accepts that his/her telephone number or his/her email address be used as a connection identifier.
5.2 Validation of registration
Upon receipt of the User's registration request, the Company will send him/her by email, sms or whatsapp message to the email address or telephone number he/she indicated on the registration form, an activation code for his/her Account that the User will have to enter on the Platform to validate his/her registration.
The User guarantees the Company that the information provided on the registration form is accurate and not misleading. The User undertakes to inform the Company without delay of any change in this information at the contact address indicated in the "Operator to the Platform and Services" herein. The User acknowledges and accepts that the information entered for the purpose of creating or updating his/her Account is valid as proof of his/her identity.
The User acknowledges and agrees that the Company reserves the right, at its sole discretion and at any time after registration, to carry out any procedure it deems necessary to verify the User's identity.
Registration on the Platform leads, after validation under the conditions of the article "Validation of registration", to the opening of an Account and the allocation of a personal space in a form and according to the technical means that the Company deems most appropriate (hereinafter "the Personal Space").
The User can update his/her Account from his/her Personal Space.
6.1
Only one Account may be created per User and per telephone number. A User of the Services is considered to be the person whose personal information corresponds to the ones provided on the registration form, to the exclusion of any other third party.
6.2
The User undertakes to use the Services personally, and not to allow any third party to use them in his/her place or on his/her behalf, including another User of the Services, unless he/she bears full responsibility.
The User expressly acknowledges that any use of the Services from his/her Account is deemed to have been made by him.
In the event that the User notices that his/her Account is or has been used without his/her knowledge, he/she undertakes to notify the Company as soon as possible, at the address indicated in the article "Operator of the Platform and Services".
The User is prohibited from monetizing, selling, granting, exchanging and, more generally, negotiating all or part of the access to the Services, to the Platform servers, as well as to the information and/or texts, images and other content used by the Company on the Platform in the context of the use of the Services.
The User has access to the following Services, in a form and according to the technical means that the Company deems most appropriate. The User acknowledges and accepts that he/she can only access all the Services detailed below once his/her Account has been definitively validated.
8.1 Creating a payment link
The Company provides the User with a procedure to facilitate and fluidify the payment of transactions with its buyers.
Through this Service, the Seller has the ability to generate a payment link and to copy it in order to send it to the buyers of its products or services so that they can easily and quickly proceed to the payment of their orders.
The generated payment link can be sent by the Seller to the buyer via the telecommunication means of his choice (sms, email, social network, etc.).
Payment can be made in the different currencies indicated on the Platform.
The payment link can be sent, at the Seller's choice, for the predefined amount of the purchase or for a free amount to be defined by the buyer. The Seller also has the option of creating a payment link for recurring payments.
The Seller who wishes to use this Service must follow the steps indicated on the Platform.
8.2 Access to an optimized delivery service
The Company provides Sellers with an offer allowing them to easily, quickly and at an optimized cost, ship the products they offer for sale, via professional carriers
Due to privileged partnerships, the Company offers Sellers to ship their products all over the world, via an online procedure and a collection system "at premise" at the storage address of the Seller's choice, at optimized shipping rates.
Sellers accessing this Service also benefit from a tracking system, directly from the Platform, of the packages sent.
The Seller who wishes to use this Service must follow the steps indicated on the Platform and in particular fill in the form available for this purpose.
8.3 Opening of a wallet allowing the transfer of money
The registration of the User on the Platform leads to the opening of an ANKA wallet (hereinafter the "Wallet") in his/her name allowing him/her to transferring money to a bank account, a payment card linked to the User's Wallet (hereinafter "ANKA Visa card") or a mobile money account.
The User can credit his/her Wallet from his/her bank card and/or by transfer from his/her bank account(s) and/or his/her mobile money account.
The User acknowledges and accepts that the transfer of sums of money to his/her Wallet must necessarily be made from a card or a bank account belonging to him/her, i.e. opened in his/her name. These transfers must never be made from the card or bank account of a person other than the User who owns the Wallet concerned.
Consequently, the User declares and guarantees that the transfers of sums of money to credit his/her Wallet are made from a card or a bank account belonging to him/her. The Company shall not be held responsible in any way if this is not the case, and the User assumes all responsibility in this respect.
The User can also transfer all or part of the amounts available in his/her Wallet to his/her bank account, mobile money account or ANKA Visa card, but also to the bank account or mobile money account of a third party. To do so, he/she must follow the instructions mentioned on the Platform.
The User acknowledges and agrees that in order to make these transfers, the User must provide all the information requested on the Platform and marked as mandatory, and in particular :
Indicate the information requested on the person recipient of the transfer ;
Indicate the amount of money to be transferred.
Validate the transfer request.
The User is informed and expressly accepts that when he/she wishes to make a transfer of money to or from his/her Wallet, a commission on the sums to be transferred will be charged by the Company under the conditions of the article "Financial Conditions" below. However, this commission is not applicable for SEPA transfers.
Through the Platform, the User has access to the balance of his/her Wallet.
8.4 Creating a customizable store window
Through this Service, the Company offers the User the ability to create, from the Platform, the showcase of his/her store allowing him/her to present his/her products or services offered for sale.
He/she will be able to create a personalized domain name and user interface.
He/she will also have the faculty to personalize his/her shop window according to his/her desires by :
modulating its collections (adding collections, removing them, modifying them) ;
Editing the editorial and visual content (photos/videos) of his/her choice for the purpose of presenting his/her products.
To create this store window, the User must follow the indications and steps mentioned on the Platform.
8.5 Access to a coaching service
The Company offers the possibility to Users to have access to a coaching service under the conditions specified on the Platform.
This Service allows the User to obtain advice and recommendations on how to sell his/her products and/or services, to take pictures of his/her products or to illustrate the description of his/her services.
This Service is delivered by the Company by any means it deems useful.
8.6 Creating content
Through this Service, the Company offers to assist the User in the creation of any type of content.
This may include, but is not limited to:
editorial content, through the writing of texts;
visual content (graphic content, photos and/or videos).
This Service is carried out according to the practical procedures specified on the Platform.
8.7 Promotional service or "boost packs"
Through this Service, the Company offers the User the possibility to increase his/her visibility or that of his/her products and/or services.
The Company promotes the User's activity and/or his/her products and/or services in order to increase his/her visibility and, thus, to make him/her known in order to increase his/her notoriety and/or his/her sales.
The promotion is done on his/her online sales platform, but also on his/her social network accounts.
The practical details of the execution of this service are specified on the Platform.
8.8 Technical support
The Company offers Users technical assistance accessible by email at the address indicated in the article "Operator of the Platform and Services", allowing them to report any difficulties encountered when using the Services.
8.9 Other Services
The Company reserves the right to offer any other Service that it deems useful, in a form and according to the functionalities and technical means that it deems most appropriate to provide these Services.
The User who wishes to have access to the Services must subscribe to a Subscription package from among those offered on the Platform (hereinafter the "Subscription"), under the conditions detailed below.
9.1 Subscription Forms
The Company offers the User the possibility of subscribing to one of the following Subscription formulas:
Subscription for a fixed period of three (3) months, tacitly renewable under the same Terms & Conditions for successive periods of the same duration, unless the User cancels it under the conditions of the article "Cancellation of the Subscription";
Subscription for a fixed term of six (6) months, tacitly renewable under the same Terms & Conditions for successive periods of the same duration, unless the User cancels it under the conditions of the article "Cancellation of the Subscription";
Twelve (12) month fixed term subscription, tacitly renewable under the same Terms & Conditions for successive periods of the same duration, unless the User cancels it under the conditions of the article "Cancellation of the Subscription";
9.2 Subscription terms
To subscribe to the Services, the User is required to:
Choose the desired Subscription formula according to those offered on the Platform ;
Confirm the order and authorize payment by clicking on the "ORDER WITH PURCHASE OBLIGATION" icon;
Proceed to the payment by means of one of the payment methods proposed on the Platform.
At the end of the subscription, the Company sends the User, by any means deemed useful and in particular by email, a confirmation of the subscription (hereafter the "Confirmation").
To the email confirming the subscription to the Services is attached (i) the version of the Terms & Conditions in force on the day of the subscription and (ii) the corresponding invoice.
The User must ensure that the email address he/she provided when registering on the Platform is correct and up to date and that it allows him/her to receive the Confirmation email from the Company.
If the User does not receive it, he/she must contact the Company at the address mentioned in the article "Operator of the Platform and Services".
This Confirmation email is proof of the transaction. Once received, the sale is firm and final.
10.1 Duration of the Subscription
The Services are available for the duration of the chosen Subscription formula.
The Subscription begins on the day of its subscription by the User and lasts until its termination, which is carried out under the conditions defined below.
10.2 Termination of Subscription
The User who no longer wishes to have access to the Services must terminate his/her Subscription under the following conditions.
The Subscriber must click on the unsubscribe button within the ANKAApp or, alternatively, inform the Company of his or her wish to unsubscribe from the Services by email to the contact details mentioned in the article "Operator of the Platform and Services" no later than the day before the renewal date of the Subscription period (hereinafter the "Termination").
The User shall receive an e-mail confirming the Termination of his/her Subscription as soon as possible. The Termination is effective at the end of the Subscription period in progress at the time of Termination, subject to the execution of all Services in progress at the time of Termination.
The User is informed and accepts that any subscription period started is due in its entirety.
In the event that the User's Wallet is in credit on the date of the effective Termination, the User is informed and agrees that he/she shall expressly request the Company to transfer the credit balance of his/her Wallet to the account (bank or mobile money) of his/her choice. This request is made by the User by any written means deemed useful.
11.1 Prices for Services
11.1.1 Subscription prices
The price of access to Services (Subscription) is indicated on the Platform.
It depends on the Subscription formula chosen by the User.
Unless otherwise stated, it is expressed in Euros and includes all taxes.
The price of the Subscription is due and is debited on the day of the Subscription, then on its anniversary date at each renewal.
The User agrees to take the necessary steps to ensure that the subscription fee can be debited automatically.
The Company reserves the right, at its sole discretion and on terms to be determined by the Company, to change the price of its Subscription packages.
The User will be informed of any price change by any useful written means and in particular by email, at least one (1) month before the new prices come into effect.
The User acknowledges and agrees that the new prices will apply when the Subscription is renewed.
If the User does not accept the new prices, he/she must cancel his/her Subscription under the conditions of the article "Termination of Subscription". Failing this, the User is deemed to have accepted the new prices.
11.1.2 Additional price
In addition to the price of the Subscription, some Services are subject to an additional fee charged by the Company in the form of :
a commission (hereinafter the "Commission"),
Or a lump sum.
Charging of a Commission
The Company specifies on the Platform which Services are subject to Commission and under what terms. The User has access to this information prior to subscribing to the Subscription and, therefore, prior to accessing the Services.
It applies in particular to the following Services (non exhaustive list):
On amounts paid to the Seller via the use of a payment link created on the ANKA Platform;
On money transfers to or from the User's Wallet.
The User is informed that, by exception, SEPA direct debits are exclusive of any Commission payment.
The Commission is calculated on the amount of the sum to be transferred and deducted from this amount. It is charged to the User.
The amount of the Commission is deducted on the date of the completion of the transaction which is the subject of the Commission.
The applicable Commission percentage is the one indicated on the Platform.
Charging of a lump sum
The performance of the following Services is subject to payment of an additional flat fee:
Coaching service: the additional flat fee is due per hour of coaching
Content creation service: the additional flat fee is due per content created
Boost pack: the additional fixed price is due according to the pack chosen by the User.
This additional fee is charged before the service is provided, when the User places an order for the Service concerned.
The amount of the fee is specified on the Platform.
11.2 Terms & Conditions of transactions and payments
The User is expressly informed and accepts that transfers of money and payments are made through a payment provider (hereinafter the "Payment Provider"),
The User guarantees that he/she has the necessary funds to transfer the requested amounts of money.
11.3 Late payments and payment incidents
The User is informed and expressly accepts that any delay in payment of all or part of a sum due on its due date may result in :
the forfeiture of all sums due by the User and their immediate payment;
the immediate suspension of the Services in progress until full payment of all amounts due by the User;
the invoicing to the Company of late payment interest at the rate of three (3) times the legal interest rate, based on the amount of the entirety of the sums owed by the User, as well as a flat-rate indemnity of forty (40) euros for collection costs.
The provisions of this article are reserved for Users who are consumers, i.e. any natural person who is acting for purposes that are not part of his or her professional activity.
12.1
The User has a right of withdrawal for a period of fourteen (14) days from the date of the Confirmation. The User may exercise this right by sending to the Company, at the address mentioned in the article "Operator of the Platform and Services", before the expiry of the aforementioned period, the withdrawal form attached in Appendix 1 duly completed, or by sending the Company any other unambiguous statement expressing the User's wish to withdraw.
The exercise of the right of withdrawal does not have to be motivated. No penalty is due to the User for exercising the right of withdrawal. The exercise of this right will result in the automatic termination of the transaction.
The User will be reimbursed for all sums paid for his subscription as soon as possible and at the latest within fourteen (14) days from the date of effective receipt by the Company of the withdrawal request.
12.2
In order to benefit from the Services before the end of this period, the User must necessarily renounce, in an express manner, the exercise of his/her right of withdrawal. To do this, he/she must follow the proceedings implemented for this purpose on the Platform. The User who does not waive his/her right of withdrawal will not be able to benefit from the Services accessible on the Platform before the end of the period of his/her right of withdrawal.
The Company will make its best efforts to ensure that the Platform operates without interruption 24 hours a day, 7 days a week, except in cases of force majeure.
If necessary, the Company reserves the right to limit or suspend access to the Platform in order to carry out any maintenance and/or improvement operation.
In this case, the Company undertakes to make its best efforts to inform in advance by means of a general information message on the homepage of the Platform of these maintenance and/or improvement operations.
In the context of these maintenance and/or development operations, the Company undertakes to make its best efforts to make backups of the Account and/or the content hosted on it, in order to allow its restoration, in its current state, at the date of the maintenance and/or development operations.
The Company shall not be held liable in any way for the loss of content during maintenance and/or development operations.
The Company also agrees to take all necessary precautions, in view of the nature of the data and the risks presented by the automated data processing implemented for the purposes of the Services, to preserve the security of the data, and in particular to prevent them from being distorted, damaged or accessed by unauthorised third parties.
The User expressly acknowledges and agrees:
that the data collected on the Platform and the Company's computer equipment are proof of the reality of the operations carried out in the context of this agreement;
that these data constitute an accepted mode of proof between the parties.
Without prejudice to the other obligations provided for herein, the User undertakes to comply with the following obligations.
The User undertakes, in his/her use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order.
The User is solely responsible for the proper completion of all administrative, fiscal and/or social formalities and for all payments of contributions, taxes or duties of any kind that may be required in connection with the use of the Services. The Company shall not be held liable in any way in this respect.
The User acknowledges that he/she has taken note of the characteristics and constraints, particularly technical, of all the Services.
The User undertakes to make strictly personal use of the Services. Consequently, he/she shall not assign, grant or transfer all or part of his/her rights or obligations hereunder to a third party, in any manner whatsoever.
The User undertakes to provide the Company with all documents, elements, data and information necessary for the proper performance of the Services. The User also undertakes to ensure that the information provided is accurate, complete and up-to-date. The User remains solely responsible for the consequences that may result from the provision of false or erroneous information to the Company and/or buyers.
More generally, the User undertakes to cooperate actively with the Company for the proper performance of these terms and to inform it of any difficulties related to such performance.
The User who uses the "Creating a customizable store window" Service guarantees the Company that he/she has all the rights and authorizations necessary to broadcast the content of any kind that he/she would broadcast on the Platform within the framework of the use of this Service.
The User agrees that such content shall be lawful, shall not infringe public order, public morality or the rights of third parties, shall not violate any legislative or regulatory provision and, more generally, shall not be likely to give rise to any civil or criminal liability on the part of the Company.
The User is thus forbidden to distribute, in particular and without this list being exhaustive :
pornographic, obscene, indecent, offensive or unsuitable for a family audience, defamatory, insulting, violent, racist, xenophobic or revisionist content;
infringing content;
content that is detrimental to the image of a third party;
Content that is false, misleading or that proposes or promotes illegal, fraudulent or deceptive activities;
content harmful to the computer systems of third parties (such as viruses, worms, Trojan horses, etc.);
and more generally any content likely to infringe the applicable laws and regulations and/or the rights of third parties or to be prejudicial to third parties, in any way and in any form whatsoever.
In this context, the User guarantees the Company against any complaint, claim and/or action from any third party claiming that the contents would constitute a violation of its rights, whatever they may be and in particular its intellectual property rights, right to image and privacy.
Consequently, the User undertakes to compensate the Company for any loss it may suffer and to bear all damages, as well as costs, charges and expenses to which the Company may be ordered, or which may be provided for in a settlement agreement signed by the Company after obtaining the User's prior consent.
The Company shall in no way be held responsible for the presentation of a product or service by the Seller that does not comply with the laws and regulations in force.
The Seller agrees to indemnify the Company in the event of a complaint, action or claim by a third party against the Company related to the non-conformity of a product with the regulations in force, and to compensate the Company for all consequences related to such non-conformity.
The User undertakes to keep the information of its buyers confidential and not to divulge it and not to use the personal data of its buyers for any purpose other than the execution of the transactions carried out by means of the tools made available on the Platform.
The User must take the necessary measures to save, by his/her own means, the information of his/her Account that he/she considers necessary, of which no copy will be provided to him/her.
The User is informed and accepts that the implementation of the Services requires that he/she be connected to the Internet and that the quality of the Services depends directly on this connection, for which he/she is solely responsible.
The User is expressly informed and accepts that transfers of sums of money requested within the framework of the use of the Services will be carried out within the double limit (i) of the regulatory and legal authorizations in force, (ii) as well as the amount of the credit balance of the User's Wallet. The User must therefore necessarily have sufficient funds in his/her Wallet, which he/she guarantees.
16.1
It is strictly prohibited to use the Services for the following purposes:
engaging in illegal or fraudulent activities or activities that infringe any third party's rights or violate their safety,
the violation of public order or the violation of laws and regulations in force,
Intrusion into a third party's computer system or any activity of a nature to harm, control, interfere with, or intercept all or part of a third party's computer system, violate its integrity or security,
solely convert currencies through our virtual wallet or any other channels.
aiding or abetting, in any form or manner whatsoever, one or more of the acts and activities described above,
to carry out massive canvassing of Users;
and more generally any practice diverting the Services to purposes other than those for which they were designed.
16.2
It is strictly forbidden for any User to copy and/or divert, for their own purposes or those of third parties, the concept, technologies or any other element of the Platform.
16.3
The following are also strictly prohibited (i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into the Company's systems, (iii) any misappropriation of the Platform's system resources, (iv) any actions likely to impose a disproportionate burden on the latter's infrastructure, (v) any breach of security and authentication measures, (vi) any acts likely to prejudice the Company's financial, commercial or moral rights and interests and, more generally, (vii) any breach of these Terms & Conditions.
The User has the right to send a complaint or claim to the Company at the address mentioned in the article "Operator of the Platform and Services".
The Company undertakes to respond to any complaint as soon as possible.
In the event of a breach of any of the provisions of these Terms & Conditions, or more generally, a breach of laws and regulations by the User, the Company reserves the right to:
suspend temporarily or permanently, without delay, the access to the Services of the User who is the author of the breach or infringement, or who has participated in it;
remove all or part of any content related to the breach or violation;
delete the Account of the offending User;
take all appropriate measures and institute all legal proceedings;
to notify the competent authorities where appropriate, to cooperate with them and to provide them with all information relevant to the investigation and prosecution of illegal or unlawful activities.
In the event of the User's failure to comply with an essential obligation arising from these Terms & Conditions, or repeated violation thereof, the Company reserves the right to terminate the User's access to all or part of the Services, with immediate effect, by email. The termination shall take effect automatically on the date of dispatch by the Company of the written notice sent to the User pursuant to this clause. It shall automatically and without prior notice lead to the definitive deletion of the User's Account, without prejudice to any other consequences that may arise in application of these Terms & Conditions.
Termination of the Terms & Conditions under these conditions shall be without prejudice to any damages to which the Company may be entitled as a result of the User's failure to comply with this agreement and to any penalties that may be due to the User.
The Company undertakes to make its best efforts to provide the Services diligently and in accordance with the rules of the trade, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which the User expressly acknowledges and accepts.
Its responsibility is exclusively limited to the provision of the Services as described herein, to the exclusion of any other service. The User further acknowledges and agrees that the Services are provided as is without warranty of any kind, express or implied.
In particular, the Company does not warrant that :
the Services, which are subject to constant research to improve their performance and progress, will be completely free of errors, defects or faults;
the Services are standard and are not offered for the sole intention of the User according to his/her own personal constraints, and will specifically meet his/her needs and expectations;
the Platform will operate uninterruptedly, the Company reserving the right to temporarily interrupt access to the Platform for maintenance purposes under the conditions of the "Service Level Guarantee" article,
and may not under any circumstances be held liable for disruptions or failures of the Internet or telecommunications network, and more generally which would have their origin in circumstances that are external to it or arising from force majeure.
The User acknowledges and accepts that the Company acts as an agent, in that it acts as a mere intermediary in the management of monetary funds circulating through the Platform and, consequently, is not a party to the transactions that take place between the sellers and the buyers, nor between the sellers and the carriers. Furthermore, the Company is neither a reseller, nor the owner, nor in possession of the products presented on the store window of the Seller. The Company has no control over these products and in particular cannot guarantee that the product presented on the store window will satisfy the buyer. The Company acts as a simple host of the contents of the site created by the Seller by means of the tools made available to him on the Platform. The publisher, responsible for the site, is the Seller, which he/she acknowledges and accepts.
The Company shall not be liable for any dispute or litigation arising between a User or Seller and :
its buyers ;
professional carriers.
The User is also informed that the Company reserves the right to randomly check and control the content published by the User on the Platform, upon content upload, to ensure that it complies with the Company's policy. Failure to comply with our content guidelines may result in the application of the measures indicated in the "Sanctions for breaches" article.
The Company's liability is limited to the provision of the tools made available to Users on the Platform, as described herein.
The User acknowledges that the Services offer an additional, non-alternative solution for managing his/her commercial transactions and transferring sums of money and that this solution cannot replace other means he/she may have at his/her disposal to achieve the same objective.
The Company and the User are independent parties, each acting in its own name and for its own account. The Terms & Conditions do not create any subordination, mandate, joint venture, employer/employee or franchiser/franchisee relationship between the Company and the Users.
20.1 Company's Intellectual Property
The Terms & Conditions do not grant the User any intellectual property rights of any kind on the Platform, as well as on all the texts, images, content used by the Company on the Platform, including these Terms & Conditions, trademarks, trade names and logos, software, structures, infrastructures and databases used by the Company within the Platform, which remain the exclusive, full and complete property of the Company.
Any act of disassembly, decompilation, decryption, extraction, reuse, and more generally any reproduction, representation, distribution, adaptation, or marketing of the Platform and/or the texts, images, and content used by the Company on the Platform by the User, which does not comply with the provisions of these Terms & Conditions, is prohibited and may be subject to legal action.
20.2 License to use the content published by the User through the Platform
By communicating content via the Platform, the User grants the Company a non-exclusive, non-transferable and free license, for the whole world, and for the duration of the User's registration, to use, reproduce, represent, publish, make available, communicate, modify, adapt, display, on the Platform and on any other medium (in particular on any physical or digital medium, in any press or financial release or file, presentation medium, promotional and/or advertising material, website), by any means, all or part of the content, without limitation of the number of copies, for storage, advertising, promotional, marketing and communication purposes. The User acknowledges that any use of its content made by the Company prior to its deregistration, the deletion of its Account or the termination of these Terms & Conditions may not be challenged.
20.3 License to use the content or deliverables created by the Company in connection with the use of the Content Creation, Coaching and/or Boost Packs Services
The Company grants the User a non-exclusive, non-transferable and free license, for the whole world, and for the entire legal duration of the copyright, to use, reproduce, represent, publish, make available, communicate, modify, adapt, display, on any medium (in particular on any physical or digital medium, in any press or financial release or file, presentation medium, promotional and/or advertising material, website), by any means, all or part of the contents and deliverables transmitted by the Company to the User in execution of the present.
The Company has a personal data protection policy, the characteristics of which are explained in the document entitled "Privacy Policy", accessible on the home page of the Platform and which the User is expressly invited to read.
In particular, the Company declares that it complies with all the obligations and regulations incumbent on it in terms of personal data protection, in particular to guarantee the security and confidentiality of the data collected and processed.
The Company reserves the right to insert, on any page of the Platform and in any communication to Users, any advertising or promotional messages in a form and under conditions to be determined by the Company.
The Company shall in no way be held responsible for the technical availability of websites operated by third parties (including its possible partners and/or Users who are legal entities) to which the User may have access via the Platform.
The Company assumes no responsibility for the content, advertising, products and/or services available on such third-party websites, which are governed by their own terms of use.
The Company is not responsible for transactions between the User and any advertiser, professional or merchant (including its possible partners) to which the User is directed via the Platform and/or between Users and shall not be party to any disputes with these third parties, in particular concerning the guarantees, declarations and other obligations of these third parties.
The failure of either Party to exercise any right or power under these Terms & Conditions, or the delay in exercising any such right or power, shall not be construed as a waiver of any right or power or any part thereof, nor shall any single or partial exercise of any right or power preclude any further exercise of such right or power.
The Company shall not be held liable to the User in the event that the performance of its obligations is delayed, restricted or made impossible due to the occurrence of an event of force majeure. In particular, the following are considered as cases of force majeure: the hypotheses usually recognized by the case law and the French courts.
The occurrence of an event of force majeure will initially suspend the execution of the Services for a period that may not exceed three (3) months. In the event that the case of force majeure continues beyond the aforementioned period, the Parties may terminate these Terms & Conditions, ipso jure, without any judicial formality, without prior notice and without any right to compensation whatsoever, by sending a registered letter with acknowledgement of receipt with immediate effect.
If any of the provisions of these Terms & Conditions were to be declared null and void or unenforceable by reason of a law, regulation or following a final decision rendered by a competent court, only this provision would be null and void, the other provisions will retain all their force and scope.
The Company reserves the right to modify these Terms & Conditions at any time, but also to modify and/or discontinue offering all or part of the Services, at any time at its free discretion.
The User will be informed of these modifications by any useful means.
The modified Terms & Conditions will apply as of the next renewal of the User's Subscription.
Any User who does not accept the modified General Terms & Conditions must unsubscribe from the Services in accordance with the Terms & Conditions set out in the article "Termination of Subscription".
For any information request, the Company can be contacted at the address mentioned in the article "Operator of the Platform and Services" of the present document.
The provisions of this article are reserved for Users who are consumers, i.e. any natural person who is acting for purposes that are not part of his or her professional activity.
In the event of a dispute relating to the execution of the Terms & Conditions, the User has the right to have free of charge recourse to a consumer mediator in accordance with Articles L 612-1 and following of the French Consumer Code.
A list of approved mediators is available on the consumer mediation website at the following address: http://www.economie.gouv.fr/mediation-conso.
In addition, the User has the possibility to file a complaint via the online dispute resolution platform (known as the "RLL" platform) accessible through the link below:
https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=FR
In the event of failure to appoint a mediator or the mediation itself, the most diligent party may refer the matter to the competent court in accordance with the terms of the article "Applicable law and competent courts" below.
The Terms & Conditions are governed by French law.
IN THE EVENT OF A DISPUTE RELATING TO THE VALIDITY, INTERPRETATION AND/OR EXECUTION OF THE Terms & Conditions, THE PARTIES AGREE THAT THE COURTS OF PARIS SHALL HAVE EXCLUSIVE JURISDICTION TO RULE ON THE MATTER, EXCEPT IN THE CASE OF MANDATORY PROCEDURAL RULES TO THE CONTRARY.
The Terms & Conditions have been drafted simultaneously in French and English. In case of contradiction or discrepancy between these two versions or in case of doubt as to the interpretation of a provision of the English version, the French version shall prevail.
The User acknowledges having been informed, prior to subscribing to the Services, in a clear and comprehensible manner, of the Terms & Conditions and of all the information listed in article L.221-5 of the Consumer Code, and in particular the following information
The essential characteristics of the Services;
The price of the Services and any ancillary costs;
Information relating to the identity of the Company, its postal, telephone and electronic contact details, and its activities, if not apparent from the context;
The possibility of resorting to conventional mediation in the event of a dispute.
Withdrawal form
(Article L 221-18 of the French Consumer Code)
Attention: MANSAART, 47 Boulevard de Courcelles 75008 Paris, [email protected]
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the provision of the following services (*):
Subscribed on (*) :
Name of consumer(s) :
Address of consumer(s) :
Signature of the consumer(s) (only if this form is notified on paper) :
Date:
(*) Delete as appropriate.
Last Modified on Thursday, February 14th, 2023
The user of the ANKA platform (hereinafter the "User" and the "Platform") is informed of the fact that MANSAART implements personal data processing for the purpose of operating the services made available on the Platform by virtue of which it endorses the quality of data controller with respect to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR).
The User is informed of the following.
MANSAART is a simplified joint stock company, registered in the Paris Trade and Companies Register under number 822 174 199, whose registered office is located at Les Tricolores, 47 boulevard de Courcelles - 75008 Paris, represented by Mr. Moulaye TABOURE, in his capacity as Chairman.
For the purposes of performing the services offered on the Platform, MANSAART may collect, in whole or in part, the following personal data of Users (hereinafter "Personal Data"):
| Categories of Personal Data | List of Personal Data processed |
|---|---|
| Identification data |
|
| Data related to billing and payment of services | - Data relating to means of payment |
In application of the principle of data minimization or "Privacy by default", MANSAART ensures that it only collects data that is strictly necessary for the purpose for which it is processed.
This Data is processed for the following purposes and has the following basis:
| Purpose(s) | Basis(s) |
|---|---|
|
Performance of the contract between MANSAART and the User |
| - Management of claims and disputes (pre-litigation and litigation) | Performance of the contract between MANSAART and the User and compliance with legal obligations |
|
Legitimate interest of MANSAART |
|
Purposes related to the deposit of cookies, namely: |
User Consent |
The processed Data are intended, according to the needs :
The Personal Data collected may be transferred to a third country or an international organization. However, if necessary, MANSAART undertakes to ensure that these transfers are carried out in compliance with GDPR.
| Right to access data | The person concerned has the right to obtain from MANSAART access to his/her Personal Data collected by it. |
|---|---|
| Right to rectify data | The person concerned has the right to obtain from MANSAART, as soon as possible, the rectification of Personal Data that are inaccurate. In particular, he or she has the right to obtain that incomplete Personal Data be completed. |
| Right to erase data |
In exercising his or her right to be forgotten, the data subject has the right to request the erasure of his/her Personal Data. MANSAART has the obligation to proceed with the deletion of Personal Data in the following situations:
|
| Right to limit processing |
The person concerned may, in the following cases, request MANSAART to limit the processing of his or her Personal Data, i.e., to temporarily make the data inaccessible:
|
| Right to object to the processing | The data subject has the right to object, at any time, to the processing of his/her Personal Data. |
| Right to data portability | The data subject may request MANSAART (i) to retrieve the Personal Data concerning him or her that he or she has provided or (ii) to transfer it to another data controller, insofar as the processing of such data is carried out using automated processes. If the person concerned exercise this right, the delivery or transmission will be in a structured, commonly used and machine-readable format. |
| Right to claim | The data subject may lodge a complaint with a supervisory or judicial authority. |
| Right to give instructions in the event of death | The data subject has the right to give instructions regarding the fate of his or her data in the event of death. |
| Right to withdraw consent | If the processing is based on the consent of the data subject, the data subject may withdraw his or her consent at any time, without affecting the lawfulness of the processing based on the consent carried out prior to the withdrawal of consent. |
To exercise these rights, the person concerned must send an email to MANSAART at the following address: [email protected]
Each request must be accompanied by proof of identity. If there is reasonable doubt as to the identity of the applicant, additional information may be requested to confirm his/her identity.
The User's personal data is kept for the duration of the contractual relationship with MANSAART and for one (1) year thereafter.
They are then archived for a period of five (5) years, for evidentiary purposes.
Cookies are stored on the User's terminal for a maximum of thirteen (13) months, subject to the User's choices. For more information on this subject, the User is invited to read the cookie management policy.
MANSAART ensures the security of Users' personal data by implementing appropriate organizational and technical measures to guarantee a level of security adapted to the risk for the rights and freedoms of the persons concerned.